Legal Question in Criminal Law in California
rule 11
if a violation of a plea agreement occurs when the prosecutor gives you a plea and is signed by both parties, but the judge gives you a higher sentence then what the plea agreement said,what type of motion should one file and on what grounds?
Asked on 8/17/07, 7:17 pm
1 Answer from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
Re: rule 11
You would ordinarily file a motion to set aside the plea agreement. This tactic is a roll of the dice for many defendants, since they risk a possibly harsher sentence if convicted after a trial.
Answered on 8/17/07, 9:06 pm
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